80_FR_63940 80 FR 63737 - Privacy Act of 1974; Amended System of Records

80 FR 63737 - Privacy Act of 1974; Amended System of Records

DEPARTMENT OF COMMERCE

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range63737-63740
FR Document2015-26776

In accordance with the Privacy Act of 1974 (Privacy Act), as amended, Title 5, United States Code (U.S.C.) 552a(e)(4) and (11); and Office of Management and Budget (OMB) Circular A-130, Appendix 1, ``Federal Agency Responsibility for Maintaining Records About Individuals,'' the Department of Commerce (Department) is issuing a notice of intent to amend the system of records entitled ``COMMERCE/ ITA-1, Individuals Identified in Export Transactions,'' by transferring the system from the International Trade Administration (ITA) to the Bureau of Industry and Security (BIS), and by renaming the system to ``COMMERCE/BIS-1, Individuals Identified in Export Transactions and Other Matters Subject to BIS Jurisdiction.'' The purpose of this amendment is also to update: (a) The security classification, system location, and system manager and address; (b) the categories of individuals covered by the system; (c) the categories of records in the system; (d) the authority for maintenance of the system; (e) the storage, retrievability, safeguards, retention, and disposal of records; (f) the notification, record access, and contesting record procedures; (g) the routine uses by adding the breach notification routine use; (h) records source categories; and (i) exemptions claimed for the system. The information is collected for identification purposes of individuals involved in export transactions chosen for or participating in export regulation outreach, education and information programs; individuals seeking export licenses or other authorizations from BIS, as well as related end use checks; individuals providing information pursuant to laws or regulations administered or enforced by BIS; or individuals under suspicion or investigation or having been convicted of or otherwise found liable for violations of export control laws or other laws or regulations administered by BIS. We invite public comment on the amended system announced in this publication.

Federal Register, Volume 80 Issue 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63737-63740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26776]


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DEPARTMENT OF COMMERCE

[Docket No. 150903817-5817-01]


Privacy Act of 1974; Amended System of Records

AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.

ACTION: Notice of Proposed Amendment to Privacy Act System of Records: 
``COMMERCE/ITA-1, Individuals Identified in Export Transactions.''

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SUMMARY: In accordance with the Privacy Act of 1974 (Privacy Act), as 
amended, Title 5, United States Code (U.S.C.) 552a(e)(4) and (11); and 
Office of Management and Budget (OMB) Circular A-130, Appendix 1, 
``Federal Agency Responsibility for Maintaining Records About 
Individuals,'' the Department of Commerce (Department) is issuing a 
notice of intent to amend the system of records entitled ``COMMERCE/
ITA-1, Individuals Identified in Export Transactions,'' by transferring 
the system from the International Trade Administration (ITA) to the 
Bureau of Industry and Security (BIS), and by renaming the system to 
``COMMERCE/BIS-1, Individuals Identified in Export Transactions and 
Other Matters Subject to BIS Jurisdiction.'' The purpose of this 
amendment is also to update: (a) The security classification, system 
location, and system manager and address; (b) the categories of 
individuals covered by the system; (c) the categories of records in the 
system; (d) the authority for maintenance of the system; (e) the 
storage, retrievability, safeguards, retention, and disposal of 
records; (f) the notification, record access, and contesting record 
procedures; (g) the routine uses by adding the breach notification 
routine use; (h) records source categories; and (i) exemptions claimed 
for the system.
    The information is collected for identification purposes of 
individuals involved in export transactions chosen for or participating 
in export regulation outreach, education and information programs; 
individuals seeking export licenses or other authorizations from BIS, 
as well as related end use checks; individuals providing information 
pursuant to laws or regulations administered or enforced by BIS; or 
individuals under suspicion or investigation or having been convicted

[[Page 63738]]

of or otherwise found liable for violations of export control laws or 
other laws or regulations administered by BIS. We invite public comment 
on the amended system announced in this publication.

DATES: To be considered, written comments must be submitted on or 
before November 20, 2015. Unless comments are received, the new system 
of records will become effective as proposed on the date of publication 
of a subsequent notice in the Federal Register.

ADDRESSES: Comments may be mailed to the Privacy Officer, Bureau of 
Industry and Security, Department of Commerce, 1401 Constitution Avenue 
NW., Room 6622, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Chief Financial Officer and Director 
of Administration, Bureau of Industry and Security, Department of 
Commerce, 1401 Constitution Avenue NW., Room 6622, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: This notice announces the Department's 
proposal to amend the system of records under the Privacy Act of 1974, 
for Individuals Identified in Export Transactions records. The changes 
are needed because the existing notice for this system of records 
identifies ITA as the owner of the system, which is no longer the case 
as the system of records has been transferred to BIS. These changes 
clarify the scope of laws and regulations administered or enforced by 
BIS. Information collections would be obtained from individuals under 
the authority of the Export Administration Act of 1979, the Export 
Administration Regulations, the Security Assistance Act of 2002, the 
Foreign Trade Regulations, the International Emergency Economic Powers 
Act, the United States Additional Protocol Implementation Act, the 
Chemical Weapons Convention Implementation Act of 1998, the Defense 
Production Act of 1950, and the Fastener Quality Act. Further, these 
changes clarify the types of records maintained.

COMMERCE/BIS-1
SYSTEM NAME:
    COMMERCE/BIS-1, Individuals Identified in Export Transactions and 
Other Matters Subject to BIS Jurisdiction.

SECURITY CLASSIFICATION:
    Unclassified, Sensitive.

SYSTEM LOCATION:
    Department of Commerce, Herbert C. Hoover Building.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    a. Individuals involved in export transactions. This information is 
maintained on domestic and foreign companies and business officials, 
and includes U.S. citizens involved with or working for firms abroad.
    b. Individuals identified in a BIS export enforcement proceeding or 
investigation. Individuals alleged to have violated the Export 
Administration Regulations; certain other individuals identified by the 
Federal Bureau of Investigation (FBI) or other investigating agencies 
or individuals in the investigative process such as those involved in 
organized crime; individuals who have received warning letters; and 
individuals subject to prohibitions, licensing requirements, or other 
restrictions.
    c. Individuals identified in export license applications, licenses, 
or other authorizations from BIS, including related end use checks.
    d. Individuals identified in proceedings or investigations related 
to other laws and regulations administered, or enforced by BIS.
    e. Individuals who have provided information to BIS to participate 
in export regulation outreach, education and information programs.
    f. Individuals who have otherwise provided information to BIS 
pursuant to laws and regulations administered or enforced by BIS.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Reports and cables from U.S. Foreign Service's posts; FBI and other 
U.S. or foreign law enforcement or investigative agencies, 
investigators or informants; investigative and intelligence data; 
documented violations; warning letters; licensing information; export 
transaction information; and information obtained pursuant to other 
laws or regulations administered or enforced by BIS. Also includes any 
information on alleged or proven violators of the Export Administration 
Act or Regulations, the International Emergency Economic Powers Act or 
any other law or regulation administered or enforced by BIS and 
information collected to meet U.S. treaty obligations, for which BIS is 
responsible to implement. Examples of these categories of records and 
data items may include, but are not limited to: (1) Identifying 
Numbers; (2) General Personal Data; (3) Work-Related Data; (4) 
Distinguishing Features/Biometrics; and (5) System Administration/Audit 
Data.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Export Administration Act of 1979 (Pub L. 96-72, 50 U.S.C. app. 
2401-2420), Export Administration Regulations (EAR) (15 CFR 730-799), 
the Security Assistance Act of 2002 (13 U.S.C. 305) and the Foreign 
Trade Regulations (15 CFR 30.60 and 30.73), International Emergency 
Economic Powers Act (IEEPA), as amended (50 U.S.C. 1701-1706), 5 U.S.C. 
301, 22 U.S.C. 401, 22 U.S.C. 8544, 28 U.S.C. 533-535, 44 U.S.C. 3101, 
United States Additional Protocol Implementation Act (Pub. L. 109-401), 
Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 
et seq.), Defense Production Act of 1950, as amended (50 U.S.C. App. 
2061 et seq.), Fastener Quality Act, as amended (15 U.S.C. 5401 et 
seq.).

PURPOSES:
    The purpose of this system is to maintain records that are related 
to the administration, enforcement, and implementation of the laws and 
regulations under the jurisdiction of BIS. Included in these records is 
information regarding individuals involved or identified in export 
transactions, export license applications, licenses, or other 
authorizations from BIS, and individuals identified in BIS export 
enforcement proceedings or suspected of violating statutes, 
regulations, or Executive Orders administered, enforced, or implemented 
by BIS.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. In the event that a system or records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or 
particular program statute or contract, or rule, regulation, or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records may be 
referred, as a routine use, to the appropriate agency, whether Federal, 
state, local or foreign, charged with the responsibility of 
investigating or prosecuting such violation or charged with enforcing 
or implementing the statute or contract, or rule, regulation or order 
issued pursuant thereto, or protecting the interest of the Department.
    2. A record from this system of records may be disclosed, as a 
routine use, to a Federal, state or local agency maintaining civil, 
criminal or other

[[Page 63739]]

relevant enforcement information or other pertinent information, such 
as current licenses, if necessary to obtain information relevant to a 
Department decision concerning the assignment, hiring or retention of 
an individual, the issuance of a security clearance, the letting of a 
contract, or the issuance of a license, grant or other benefit.
    3. A record from this system of records may be disclosed, as a 
routine use, to a Federal, state, local, or international agency, in 
response to its request, in connection with the assignment, hiring or 
retention of an individual, the issuance of a security clearance, the 
reporting of an investigation of an individual, the letting of a 
contract, or the issuance of a license, grant, or other benefit by the 
requesting agency, to the extent that the information is relevant and 
necessary to the requesting agency's decision on the matter.
    4. A record from this system of records may be disclosed, as a 
routine use, in the course of presenting evidence to a court, 
magistrate or administrative tribunal, including disclosures to 
opposing counsel in the course of settlement negotiations.
    5. A record in this system of records may be disclosed, as a 
routine use, to a Member of Congress submitting a request involving an 
individual when the individual has requested assistance from the Member 
with respect to the subject matter of the record.
    6. A record in this system of records may be disclosed, as a 
routine use, to the Office of Management and Budget in connection with 
the review of private relief legislation as set forth in OMB Circular 
No. A-19 at any stage of the legislative coordination and clearance 
process as set forth in that Circular.
    7. A record in this system of records may be disclosed, as a 
routine use, to the Department of Justice in connection with 
determining whether disclosure thereof is required by the Freedom of 
Information Act (5 U.S.C. 552).
    8. A record in this system of records may be disclosed, as a 
routine use, to a contractor of the Department having need for the 
information in the performance of the contract, but not operating a 
system of records within the meaning of 5 U.S.C. 552a(m).
    9. A record in this system may be transferred, as a routine use, to 
the Office of Personnel Management: for personnel research purposes; as 
a data source for management information; for the production of summary 
descriptive statistics and analytical studies in support of the 
function for which the records are collected and maintained; or for 
related manpower studies.
    10. A record from this system of records may be disclosed, as a 
routine use, to the Administrator, General Services Administration 
(GSA), or his designee, during an inspection of records conducted by 
GSA as part of that agency's responsibility to recommend improvements 
in records management practices and programs, under authority of 44 
U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with 
the GSA regulations governing inspection of records for this purpose, 
and any other relevant (i.e. GSA or Department) directive. Such 
disclosure shall not be used to make determinations about individuals.
    11. A record in this system of records may be disclosed to 
appropriate agencies, entities and persons when: (1) It is suspected or 
determined that the security or confidentiality of information in the 
system of records has been compromised; (2) the Department has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
whether systems or programs (whether maintained by the Department or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Department's 
efforts to respond to the suspected or confirmed compromise and to 
prevent, minimize, or remedy such harm.
    12. A record in this system of records may be disclosed for law 
enforcement purposes to the appropriate agency or other authority, 
whether federal, state, local, foreign, international or tribal, 
charged with the responsibility of enforcing, investigating, or 
prosecuting a violation of any law, rule, regulation, or order in any 
case in which there is an indication of a violation or potential 
violation of law (civil, criminal, or regulatory in nature).
    13. A record in this system of records may be disclosed to an 
agency, organization, foreign government or individual for the purpose 
of performing audit or oversight operations or meeting treaty 
obligations as authorized by law, but only such information as is 
necessary and relevant to such audit or oversight function or treaty 
obligations.
    14. A record in this system of records may be disclosed to 
contractors and BIS or contractor agents, grantees, experts, 
consultants, and others performing or working on a contract, service, 
grant, governmental or non-governmental cooperative agreement 
(including under the Economy Act), or other work assignment for BIS, 
when necessary to accomplish an agency function related to this system 
of records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to BIS employees.
    15. A record in this system of records may be disclosed to the 
Departments of State, Justice, Homeland Security, the Treasury, 
Defense, or Energy, or other federal agencies, in connection with BIS 
licensing policy, enforcement matters, or other matters of mutual 
interest or concern, including through interagency databases;
    16. A record in this system of records may be disclosed to the 
general public, in furtherance of BIS's mission, regarding individuals 
and entities whose export privileges have been denied or limited. This 
routine use includes disclosure of information to the general public in 
furtherance of BIS's mission regarding individuals and entities that 
have been denied export privileges by BIS, or who are subject to 
additional restrictions and license requirements. This routine use 
encompasses publishing this information in the Federal Register, in the 
Code of Federal Regulations, on BIS's Web site, and by other means. 
Individuals and entities on the Denied Persons List are generally 
designated based on authorities denying or restricting their export 
privileges because of identified threats to the national security, 
foreign policy, and/or economy of the United States. Generally, the 
personal identifier information provided on the Denied Persons List may 
include, but is not limited to, names and aliases, addresses, dates of 
birth, citizenship information, and, at times, identification numbers 
associated with government-issued documents. It is necessary to provide 
this identifier information in a publicly available format so that 
listed individuals and entities can be identified and prevented from 
engaging in conduct otherwise prohibited by the EAR. At the same time, 
the release of detailed identifier information of individuals is 
important in helping to protect other individuals from being improperly 
identified as the prohibited party. Because the Denied Persons List are 
posted on BIS's public Web site and published in the Federal Register 
and Code of Federal Regulations, a designated individual's identifier 
information can be accessed by any individual or entity with access to 
the internet, the Federal Register, or the Code of Federal Regulations. 
Thus, the

[[Page 63740]]

impact on the individual's privacy will be substantial, but this is 
necessary in order to make targeted denial orders and restrictions 
effective. Designated individuals can file an appeal or petition to 
request their removal from these lists. If such an appeal is granted, 
the individual's name and all related identifier information will be 
removed from the Denied Persons List.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records in file folders and electronic records in computer 
files.

RETRIEVABILITY:
    Filed alphabetically by individual's name or by other personal 
identifiers, by an identifying case number upon initiation of the case 
or by an identifying transaction number upon successful transmission of 
the export transaction information.

SAFEGUARDS:
    Paper records and discs are maintained in office areas with access 
limited to screened personnel whose official duties require access. 
Automated records are maintained on protected servers in data centers 
with access limited to screened personnel whose official duties require 
access.

RETENTION AND DISPOSAL:
    Retention and disposal practices are in accordance with approved 
General Services Administration schedules. Generally, records are 
retained for periods of 5-15 years, unless a longer period is deemed 
necessary for investigative purposes or for permanent archival 
retention.

SYSTEM MANAGER(S) ADDRESSES:
    Office of the Chief Financial Officer and Director of 
Administration, Bureau of Industry and Security, Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

NOTIFICATION PROCEDURE:
    Information may be obtained from: Privacy Officer, Office of the 
Chief Financial Officer and Director of Administration, Bureau of 
Industry and Security, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230. Requestor should provide name, address and 
case or subject, if known, pursuant to the inquiry provisions of the 
Department's rules which appear in 15 CFR part 4.

RECORD ACCESS PROCEDURES:
    Requests from individuals should be addressed to: Same address as 
stated in the notification section above.

CONTESTING RECORD PROCEDURES:
    The department's rules for access, for contesting contents and 
appealing initial determinations by the individual concerned appear in 
15 CFR part 4b. Use above address.

RECORD SOURCE CATEGORIES:
    Individual exporters, those authorized by the individual exporters 
to furnish information, trade sources, investigative agencies, 
intelligence, investigative, legal, and other personnel of BIS or the 
Department of Commerce, informants, Department of Homeland Security, 
Federal Bureau of Investigation, Central Intelligence Agency, 
Department of Justice, Department of Defense, Department of Energy, and 
Department of State on an official ``need to know'' basis. Also, 
individuals authorized to furnish information pursuant to laws or 
regulations administered by BIS.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(j)(2), all information about an 
individual in the record which meets the criteria stated in 5 U.S.C. 
552a(j)(2) are exempted from the notice, access and contest 
requirements of the agency regulations and from all parts of 5 U.S.C. 
552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), 
(e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 
552a(k)(1) and (k)(2) on condition that the 5 U.S.C. 552a(j)(2) 
exemption is held to be invalid, all investigatory material in the 
record which meets the criteria stated in 5 U.S.C. 552a(k)(1) and 
(k)(2) are exempted from the notice, access, and contest requirements 
(under 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and 
(f)) of the agency regulations because of the necessity to exempt this 
information and material in order to accomplish the law enforcement 
function of the agency, to prevent subjects of investigation from 
frustrating the investigatory process, to prevent the disclosure of 
investigative techniques, to fulfill commitments made to protect the 
confidentiality of sources, to maintain access to sources of 
information, and to avoid endangering these sources and law enforcement 
personnel. Section 12(c) of the Export Administration Act of 1979 also 
protects certain parts of this information and material related to or 
concerning export licenses from disclosure, and other certain parts of 
this information may be protected from disclosure by the Chemical 
Weapons Convention Implementation Act of 1998, the Additional Protocol 
Implementation Act of 2006, and the Defense Production Act of 1950.

    Dated: October 16, 2015.
Michael J. Toland,
Freedom of Information/Privacy Act Officer, Department of Commerce.
[FR Doc. 2015-26776 Filed 10-20-15; 8:45 am]
BILLING CODE 3510-33-P



                                                                                                                                                                                               63737

                                              Notices                                                                                                       Federal Register
                                                                                                                                                            Vol. 80, No. 203

                                                                                                                                                            Wednesday, October 21, 2015



                                              This section of the FEDERAL REGISTER                    scheduled open comment period. In                     DEPARTMENT OF COMMERCE
                                              contains documents other than rules or                  addition, members of the public may
                                              proposed rules that are applicable to the               submit written comments; the                          [Docket No. 150903817–5817–01]
                                              public. Notices of hearings and investigations,         comments must be received in the
                                              committee meetings, agency decisions and                                                                      Privacy Act of 1974; Amended System
                                                                                                      regional office within 30 days after the
                                              rulings, delegations of authority, filing of                                                                  of Records
                                              petitions and applications and agency
                                                                                                      Committee meeting. Written comments
                                              statements of organization and functions are            may be mailed to the Regional Programs                AGENCY:  Bureau of Industry and
                                              examples of documents appearing in this                 Unit, U.S. Commission on Civil Rights,                Security, U.S. Department of Commerce.
                                              section.                                                55 W. Monroe St., Suite 410, Chicago,                 ACTION: Notice of Proposed Amendment
                                                                                                      IL 60615. They may also be faxed to the               to Privacy Act System of Records:
                                                                                                      Commission at (312) 353–8324, or                      ‘‘COMMERCE/ITA–1, Individuals
                                              COMMISSION ON CIVIL RIGHTS                              emailed to Administrative Assistant,                  Identified in Export Transactions.’’
                                                                                                      Carolyn Allen at callen@usccr.gov.
                                              Notice of Public Meeting of the Indiana                 Persons who desire additional                         SUMMARY:   In accordance with the
                                              Advisory Committee To Begin                             information may contact the Regional                  Privacy Act of 1974 (Privacy Act), as
                                              Planning a Series of Public Hearings                    Programs Unit at (312) 353–8311.                      amended, Title 5, United States Code
                                              To Study Civil Rights and the School                       Records and documents discussed                    (U.S.C.) 552a(e)(4) and (11); and Office
                                              to Prison Pipeline in Indiana                           during the meeting will be available for              of Management and Budget (OMB)
                                              AGENCY: U.S. Commission on Civil                        public viewing prior to and following                 Circular A–130, Appendix 1, ‘‘Federal
                                              Rights.                                                 the meeting at https://                               Agency Responsibility for Maintaining
                                                                                                      database.faca.gov/committee/                          Records About Individuals,’’ the
                                              ACTION: Announcement of meeting.
                                                                                                      meetings.aspx?cid=247 and clicking on                 Department of Commerce (Department)
                                              SUMMARY:    Notice is hereby given,                     the ‘‘Meeting Details’’ and ‘‘Documents’’             is issuing a notice of intent to amend the
                                              pursuant to the provisions of the rules                 links. Records generated from this                    system of records entitled
                                              and regulations of the U.S. Commission                  meeting may also be inspected and                     ‘‘COMMERCE/ITA–1, Individuals
                                              on Civil Rights (Commission) and the                    reproduced at the Regional Programs                   Identified in Export Transactions,’’ by
                                              Federal Advisory Committee Act that                     Unit, as they become available, both                  transferring the system from the
                                              the Indiana Advisory Committee                          before and after the meeting. Persons                 International Trade Administration
                                              (Committee) will hold a meeting on                      interested in the work of this Committee              (ITA) to the Bureau of Industry and
                                              Wednesday, November 4, 2015, from                       are directed to the Commission’s Web                  Security (BIS), and by renaming the
                                              3:00–4:30 p.m. EST for the purpose of                   site, http://www.usccr.gov, or may                    system to ‘‘COMMERCE/BIS–1,
                                              preparing for a series of public hearings               contact the Regional Programs Unit at                 Individuals Identified in Export
                                              to study Civil Rights and the School to                 the above email or street address.                    Transactions and Other Matters Subject
                                              Prison Pipeline in Indiana.                                                                                   to BIS Jurisdiction.’’ The purpose of this
                                                                                                      Agenda                                                amendment is also to update: (a) The
                                                 Members of the public may listen to
                                              the discussion. This meeting is available               1. Welcome and Roll Call                              security classification, system location,
                                              to the public through the following toll-               2. Preparatory Discussion Regarding                   and system manager and address; (b) the
                                              free call-in number: 888–438–5535                          Public Hearing ‘‘Civil Rights and the              categories of individuals covered by the
                                              conference ID: 8231614. Any interested                     School to Prison Pipeline in Indiana’’             system; (c) the categories of records in
                                              member of the public may call this                         a. Agenda of Panelists                             the system; (d) the authority for
                                              number and listen to the meeting. The                      b. Location                                        maintenance of the system; (e) the
                                              conference call operator will ask callers                  c. Date and Time                                   storage, retrievability, safeguards,
                                              to identify themselves, the organization                                                                      retention, and disposal of records; (f) the
                                                                                                         d. Schedule of Events
                                              they are affiliated with (if any), and an                                                                     notification, record access, and
                                                                                                      3. Open Comment                                       contesting record procedures; (g) the
                                              email address prior to placing callers
                                              into the conference room. Callers can                   4. Adjournment                                        routine uses by adding the breach
                                              expect to incur regular charges for calls               DATES: The meeting will be held on                    notification routine use; (h) records
                                              they initiate over wireless lines,                      Wednesday November 4, 2015, from                      source categories; and (i) exemptions
                                              according to their wireless plan. The                   3:00–4:30 p.m. EST.                                   claimed for the system.
                                              Commission will not refund any                                                                                   The information is collected for
                                                                                                      Public Call Information
                                              incurred charges. Callers will incur no                                                                       identification purposes of individuals
                                              charge for calls they initiate over land-               Dial: 888–438–5535                                    involved in export transactions chosen
                                              line connections to the toll-free                       Conference ID: 8231614                                for or participating in export regulation
                                              telephone number. Persons with hearing                  FOR FURTHER INFORMATION CONTACT:                      outreach, education and information
                                              impairments may also follow the                         Melissa Wojnaroski, DFO, at 312–353–                  programs; individuals seeking export
tkelley on DSK3SPTVN1PROD with NOTICES




                                              proceedings by first calling the Federal                8311 or mwojnaroski@usccr.gov.                        licenses or other authorizations from
                                              Relay Service at 1–800–977–8339 and                                                                           BIS, as well as related end use checks;
                                                                                                        Dated: October 15, 2015.                            individuals providing information
                                              providing the Service with the
                                              conference call number and conference                   David Mussatt,                                        pursuant to laws or regulations
                                              ID number.                                              Chief, Regional Programs Unit.                        administered or enforced by BIS; or
                                                 Members of the public are also invited               [FR Doc. 2015–26681 Filed 10–20–15; 8:45 am]          individuals under suspicion or
                                              to make statements during the                           BILLING CODE 6335–01–P                                investigation or having been convicted


                                         VerDate Sep<11>2014   22:39 Oct 20, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4703   Sfmt 4703   E:\FR\FM\21OCN1.SGM   21OCN1


                                              63738                     Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

                                              of or otherwise found liable for                        CATEGORIES OF INDIVIDUALS COVERED BY THE              AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                              violations of export control laws or                    SYSTEM:                                                 Export Administration Act of 1979
                                              other laws or regulations administered                     a. Individuals involved in export                  (Pub L. 96–72, 50 U.S.C. app. 2401–
                                              by BIS. We invite public comment on                     transactions. This information is                     2420), Export Administration
                                              the amended system announced in this                    maintained on domestic and foreign                    Regulations (EAR) (15 CFR 730–799),
                                              publication.                                            companies and business officials, and                 the Security Assistance Act of 2002 (13
                                              DATES: To be considered, written                        includes U.S. citizens involved with or               U.S.C. 305) and the Foreign Trade
                                              comments must be submitted on or                        working for firms abroad.                             Regulations (15 CFR 30.60 and 30.73),
                                              before November 20, 2015. Unless                                                                              International Emergency Economic
                                                                                                         b. Individuals identified in a BIS
                                              comments are received, the new system                                                                         Powers Act (IEEPA), as amended (50
                                                                                                      export enforcement proceeding or
                                              of records will become effective as                                                                           U.S.C. 1701–1706), 5 U.S.C. 301, 22
                                                                                                      investigation. Individuals alleged to
                                              proposed on the date of publication of                                                                        U.S.C. 401, 22 U.S.C. 8544, 28 U.S.C.
                                                                                                      have violated the Export Administration
                                              a subsequent notice in the Federal                                                                            533–535, 44 U.S.C. 3101, United States
                                                                                                      Regulations; certain other individuals
                                              Register.                                                                                                     Additional Protocol Implementation Act
                                                                                                      identified by the Federal Bureau of
                                                                                                                                                            (Pub. L. 109–401), Chemical Weapons
                                              ADDRESSES:   Comments may be mailed to                  Investigation (FBI) or other investigating
                                                                                                                                                            Convention Implementation Act of 1998
                                              the Privacy Officer, Bureau of Industry                 agencies or individuals in the
                                                                                                                                                            (22 U.S.C. 6701 et seq.), Defense
                                              and Security, Department of Commerce,                   investigative process such as those
                                                                                                                                                            Production Act of 1950, as amended (50
                                              1401 Constitution Avenue NW., Room                      involved in organized crime;
                                                                                                                                                            U.S.C. App. 2061 et seq.), Fastener
                                              6622, Washington, DC 20230.                             individuals who have received warning
                                                                                                                                                            Quality Act, as amended (15 U.S.C.
                                              FOR FURTHER INFORMATION CONTACT:                        letters; and individuals subject to
                                                                                                                                                            5401 et seq.).
                                              Chief Financial Officer and Director of                 prohibitions, licensing requirements, or
                                              Administration, Bureau of Industry and                  other restrictions.                                   PURPOSES:
                                              Security, Department of Commerce,                          c. Individuals identified in export                   The purpose of this system is to
                                              1401 Constitution Avenue NW., Room                      license applications, licenses, or other              maintain records that are related to the
                                              6622, Washington, DC 20230.                             authorizations from BIS, including                    administration, enforcement, and
                                              SUPPLEMENTARY INFORMATION: This                         related end use checks.                               implementation of the laws and
                                              notice announces the Department’s                          d. Individuals identified in                       regulations under the jurisdiction of
                                              proposal to amend the system of records                 proceedings or investigations related to              BIS. Included in these records is
                                              under the Privacy Act of 1974, for                      other laws and regulations                            information regarding individuals
                                              Individuals Identified in Export                        administered, or enforced by BIS.                     involved or identified in export
                                              Transactions records. The changes are                                                                         transactions, export license
                                                                                                         e. Individuals who have provided                   applications, licenses, or other
                                              needed because the existing notice for                  information to BIS to participate in
                                              this system of records identifies ITA as                                                                      authorizations from BIS, and
                                                                                                      export regulation outreach, education                 individuals identified in BIS export
                                              the owner of the system, which is no                    and information programs.
                                              longer the case as the system of records                                                                      enforcement proceedings or suspected
                                              has been transferred to BIS. These                         f. Individuals who have otherwise                  of violating statutes, regulations, or
                                              changes clarify the scope of laws and                   provided information to BIS pursuant to               Executive Orders administered,
                                              regulations administered or enforced by                 laws and regulations administered or                  enforced, or implemented by BIS.
                                              BIS. Information collections would be                   enforced by BIS.
                                                                                                                                                            ROUTINE USES OF RECORDS MAINTAINED IN THE
                                              obtained from individuals under the                                                                           SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                                                                      CATEGORIES OF RECORDS IN THE SYSTEM:
                                              authority of the Export Administration                                                                        PURPOSES OF SUCH USES:
                                              Act of 1979, the Export Administration                     Reports and cables from U.S. Foreign                 1. In the event that a system or
                                              Regulations, the Security Assistance Act                Service’s posts; FBI and other U.S. or                records maintained by the Department
                                              of 2002, the Foreign Trade Regulations,                 foreign law enforcement or investigative              to carry out its functions indicates a
                                              the International Emergency Economic                    agencies, investigators or informants;                violation or potential violation of law or
                                              Powers Act, the United States                           investigative and intelligence data;                  contract, whether civil, criminal or
                                              Additional Protocol Implementation                      documented violations; warning letters;               regulatory in nature, and whether
                                              Act, the Chemical Weapons Convention                    licensing information; export                         arising by general statute or particular
                                              Implementation Act of 1998, the                         transaction information; and                          program statute or contract, or rule,
                                              Defense Production Act of 1950, and the                 information obtained pursuant to other                regulation, or order issued pursuant
                                              Fastener Quality Act. Further, these                    laws or regulations administered or                   thereto, or the necessity to protect an
                                              changes clarify the types of records                    enforced by BIS. Also includes any                    interest of the Department, the relevant
                                              maintained.                                             information on alleged or proven                      records in the system of records may be
                                                                                                      violators of the Export Administration                referred, as a routine use, to the
                                              COMMERCE/BIS–1
                                                                                                      Act or Regulations, the International                 appropriate agency, whether Federal,
                                              SYSTEM NAME:                                            Emergency Economic Powers Act or any                  state, local or foreign, charged with the
                                                COMMERCE/BIS–1, Individuals                           other law or regulation administered or               responsibility of investigating or
                                              Identified in Export Transactions and                   enforced by BIS and information                       prosecuting such violation or charged
                                              Other Matters Subject to BIS                            collected to meet U.S. treaty obligations,            with enforcing or implementing the
                                              Jurisdiction.                                           for which BIS is responsible to                       statute or contract, or rule, regulation or
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                                                                                                      implement. Examples of these categories               order issued pursuant thereto, or
                                              SECURITY CLASSIFICATION:                                of records and data items may include,                protecting the interest of the
                                                 Unclassified, Sensitive.                             but are not limited to: (1) Identifying               Department.
                                                                                                      Numbers; (2) General Personal Data; (3)                 2. A record from this system of
                                              SYSTEM LOCATION:                                        Work-Related Data; (4) Distinguishing                 records may be disclosed, as a routine
                                               Department of Commerce, Herbert C.                     Features/Biometrics; and (5) System                   use, to a Federal, state or local agency
                                              Hoover Building.                                        Administration/Audit Data.                            maintaining civil, criminal or other


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                                                                        Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices                                          63739

                                              relevant enforcement information or                        10. A record from this system of                   the Economy Act), or other work
                                              other pertinent information, such as                    records may be disclosed, as a routine                assignment for BIS, when necessary to
                                              current licenses, if necessary to obtain                use, to the Administrator, General                    accomplish an agency function related
                                              information relevant to a Department                    Services Administration (GSA), or his                 to this system of records. Individuals
                                              decision concerning the assignment,                     designee, during an inspection of                     provided information under this routine
                                              hiring or retention of an individual, the               records conducted by GSA as part of                   use are subject to the same Privacy Act
                                              issuance of a security clearance, the                   that agency’s responsibility to                       requirements and limitations on
                                              letting of a contract, or the issuance of               recommend improvements in records                     disclosure as are applicable to BIS
                                              a license, grant or other benefit.                      management practices and programs,                    employees.
                                                 3. A record from this system of                      under authority of 44 U.S.C. 2904 and                    15. A record in this system of records
                                              records may be disclosed, as a routine                  2906. Such disclosure shall be made in                may be disclosed to the Departments of
                                              use, to a Federal, state, local, or                     accordance with the GSA regulations                   State, Justice, Homeland Security, the
                                              international agency, in response to its                governing inspection of records for this              Treasury, Defense, or Energy, or other
                                              request, in connection with the                         purpose, and any other relevant (i.e.                 federal agencies, in connection with BIS
                                              assignment, hiring or retention of an                   GSA or Department) directive. Such                    licensing policy, enforcement matters,
                                              individual, the issuance of a security                  disclosure shall not be used to make                  or other matters of mutual interest or
                                              clearance, the reporting of an                          determinations about individuals.                     concern, including through interagency
                                              investigation of an individual, the                        11. A record in this system of records             databases;
                                              letting of a contract, or the issuance of               may be disclosed to appropriate                          16. A record in this system of records
                                              a license, grant, or other benefit by the               agencies, entities and persons when: (1)              may be disclosed to the general public,
                                              requesting agency, to the extent that the               It is suspected or determined that the                in furtherance of BIS’s mission,
                                              information is relevant and necessary to                security or confidentiality of                        regarding individuals and entities
                                              the requesting agency’s decision on the                 information in the system of records has              whose export privileges have been
                                              matter.                                                 been compromised; (2) the Department                  denied or limited. This routine use
                                                 4. A record from this system of                      has determined that as a result of the                includes disclosure of information to
                                              records may be disclosed, as a routine                  suspected or confirmed compromise                     the general public in furtherance of
                                              use, in the course of presenting                        there is a risk of harm to economic or                BIS’s mission regarding individuals and
                                              evidence to a court, magistrate or                      property interests, identity theft or                 entities that have been denied export
                                              administrative tribunal, including                      fraud, or harm to the security or                     privileges by BIS, or who are subject to
                                              disclosures to opposing counsel in the                  integrity of this system or whether                   additional restrictions and license
                                              course of settlement negotiations.                      systems or programs (whether                          requirements. This routine use
                                                 5. A record in this system of records                maintained by the Department or                       encompasses publishing this
                                              may be disclosed, as a routine use, to a                another agency or entity) that rely upon              information in the Federal Register, in
                                              Member of Congress submitting a                         the compromised information; and (3)                  the Code of Federal Regulations, on
                                              request involving an individual when                    the disclosure made to such agencies,                 BIS’s Web site, and by other means.
                                              the individual has requested assistance                 entities, and persons is reasonably                   Individuals and entities on the Denied
                                              from the Member with respect to the                     necessary to assist in connection with                Persons List are generally designated
                                              subject matter of the record.                           the Department’s efforts to respond to                based on authorities denying or
                                                 6. A record in this system of records                the suspected or confirmed compromise                 restricting their export privileges
                                              may be disclosed, as a routine use, to                  and to prevent, minimize, or remedy                   because of identified threats to the
                                              the Office of Management and Budget in                  such harm.                                            national security, foreign policy, and/or
                                              connection with the review of private                      12. A record in this system of records             economy of the United States.
                                              relief legislation as set forth in OMB                  may be disclosed for law enforcement                  Generally, the personal identifier
                                              Circular No. A–19 at any stage of the                   purposes to the appropriate agency or                 information provided on the Denied
                                              legislative coordination and clearance                  other authority, whether federal, state,              Persons List may include, but is not
                                              process as set forth in that Circular.                  local, foreign, international or tribal,              limited to, names and aliases, addresses,
                                                 7. A record in this system of records                charged with the responsibility of                    dates of birth, citizenship information,
                                              may be disclosed, as a routine use, to                  enforcing, investigating, or prosecuting              and, at times, identification numbers
                                              the Department of Justice in connection                 a violation of any law, rule, regulation,             associated with government-issued
                                              with determining whether disclosure                     or order in any case in which there is                documents. It is necessary to provide
                                              thereof is required by the Freedom of                   an indication of a violation or potential             this identifier information in a publicly
                                              Information Act (5 U.S.C. 552).                         violation of law (civil, criminal, or                 available format so that listed
                                                 8. A record in this system of records                regulatory in nature).                                individuals and entities can be
                                              may be disclosed, as a routine use, to a                   13. A record in this system of records             identified and prevented from engaging
                                              contractor of the Department having                     may be disclosed to an agency,                        in conduct otherwise prohibited by the
                                              need for the information in the                         organization, foreign government or                   EAR. At the same time, the release of
                                              performance of the contract, but not                    individual for the purpose of performing              detailed identifier information of
                                              operating a system of records within the                audit or oversight operations or meeting              individuals is important in helping to
                                              meaning of 5 U.S.C. 552a(m).                            treaty obligations as authorized by law,              protect other individuals from being
                                                 9. A record in this system may be                    but only such information as is                       improperly identified as the prohibited
                                              transferred, as a routine use, to the                   necessary and relevant to such audit or               party. Because the Denied Persons List
                                              Office of Personnel Management: for                     oversight function or treaty obligations.             are posted on BIS’s public Web site and
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                                              personnel research purposes; as a data                     14. A record in this system of records             published in the Federal Register and
                                              source for management information; for                  may be disclosed to contractors and BIS               Code of Federal Regulations, a
                                              the production of summary descriptive                   or contractor agents, grantees, experts,              designated individual’s identifier
                                              statistics and analytical studies in                    consultants, and others performing or                 information can be accessed by any
                                              support of the function for which the                   working on a contract, service, grant,                individual or entity with access to the
                                              records are collected and maintained; or                governmental or non-governmental                      internet, the Federal Register, or the
                                              for related manpower studies.                           cooperative agreement (including under                Code of Federal Regulations. Thus, the


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                                              63740                      Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

                                              impact on the individual’s privacy will                  RECORD ACCESS PROCEDURES:                             Implementation Act of 1998, the
                                              be substantial, but this is necessary in                   Requests from individuals should be                 Additional Protocol Implementation Act
                                              order to make targeted denial orders and                 addressed to: Same address as stated in               of 2006, and the Defense Production Act
                                              restrictions effective. Designated                       the notification section above.                       of 1950.
                                              individuals can file an appeal or                                                                                Dated: October 16, 2015.
                                                                                                       CONTESTING RECORD PROCEDURES:
                                              petition to request their removal from                                                                         Michael J. Toland,
                                              these lists. If such an appeal is granted,                 The department’s rules for access, for
                                                                                                       contesting contents and appealing                     Freedom of Information/Privacy Act Officer,
                                              the individual’s name and all related                                                                          Department of Commerce.
                                              identifier information will be removed                   initial determinations by the individual
                                                                                                       concerned appear in 15 CFR part 4b.                   [FR Doc. 2015–26776 Filed 10–20–15; 8:45 am]
                                              from the Denied Persons List.
                                                                                                       Use above address.                                    BILLING CODE 3510–33–P
                                              DISCLOSURE TO CONSUMER REPORTING
                                              AGENCIES:                                                RECORD SOURCE CATEGORIES:
                                                 Not applicable.                                         Individual exporters, those authorized              DEPARTMENT OF COMMERCE
                                                                                                       by the individual exporters to furnish
                                              POLICIES AND PRACTICES FOR STORING,                      information, trade sources, investigative             Bureau of Industry and Security
                                              RETRIEVING, ACCESSING, RETAINING, AND
                                                                                                       agencies, intelligence, investigative,
                                              DISPOSING OF RECORDS IN THE SYSTEM:
                                                                                                       legal, and other personnel of BIS or the              Sensors and Instrumentation
                                              STORAGE:                                                 Department of Commerce, informants,                   Technical Advisory Committee; Notice
                                                                                                       Department of Homeland Security,                      of Open Meeting
                                                Paper records in file folders and
                                              electronic records in computer files.                    Federal Bureau of Investigation, Central                The Sensors and Instrumentation
                                                                                                       Intelligence Agency, Department of                    Technical Advisory Committee (SITAC)
                                              RETRIEVABILITY:
                                                                                                       Justice, Department of Defense,                       will meet on November 5, 2015, 9:30
                                                 Filed alphabetically by individual’s                  Department of Energy, and Department                  a.m., in the Herbert C. Hoover Building,
                                              name or by other personal identifiers, by                of State on an official ‘‘need to know’’              Room 6087B, 14th Street between
                                              an identifying case number upon                          basis. Also, individuals authorized to                Constitution and Pennsylvania Avenues
                                              initiation of the case or by an                          furnish information pursuant to laws or               NW., Washington, DC. The Committee
                                              identifying transaction number upon                      regulations administered by BIS.                      advises the Office of the Assistant
                                              successful transmission of the export                                                                          Secretary for Export Administration on
                                              transaction information.                                 EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                                                                                                                                             technical questions that affect the level
                                                                                                          Pursuant to 5 U.S.C. 552a(j)(2), all
                                              SAFEGUARDS:                                                                                                    of export controls applicable to sensors
                                                                                                       information about an individual in the
                                                Paper records and discs are                                                                                  and instrumentation equipment and
                                                                                                       record which meets the criteria stated in
                                              maintained in office areas with access                                                                         technology.
                                                                                                       5 U.S.C. 552a(j)(2) are exempted from
                                              limited to screened personnel whose                      the notice, access and contest                        Agenda
                                              official duties require access.                          requirements of the agency regulations
                                              Automated records are maintained on                                                                            Public Session
                                                                                                       and from all parts of 5 U.S.C. 552a
                                              protected servers in data centers with                   except subsections (b), (c)(1) and (2),                 1. Welcome and Introductions.
                                              access limited to screened personnel                     (e)(4)(A) through (F), (e)(6), (7), (9), (10),          2. Remarks from the Bureau of
                                              whose official duties require access.                    and (11), and (i). Pursuant to 5 U.S.C.               Industry and Security Management.
                                              RETENTION AND DISPOSAL:
                                                                                                       552a(k)(1) and (k)(2) on condition that                 3. Industry Presentations.
                                                                                                       the 5 U.S.C. 552a(j)(2) exemption is held               4. New Business.
                                                Retention and disposal practices are
                                                                                                       to be invalid, all investigatory material
                                              in accordance with approved General                                                                            Closed Session
                                                                                                       in the record which meets the criteria
                                              Services Administration schedules.                                                                                5. Discussion of matters determined to
                                                                                                       stated in 5 U.S.C. 552a(k)(1) and (k)(2)
                                              Generally, records are retained for                                                                            be exempt from the provisions relating
                                                                                                       are exempted from the notice, access,
                                              periods of 5–15 years, unless a longer                                                                         to public meetings found in 5 U.S.C.
                                                                                                       and contest requirements (under 5
                                              period is deemed necessary for                                                                                 app. 2 §§ 10(a)(1) and 10(a)(3).
                                                                                                       U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
                                              investigative purposes or for permanent                                                                           The open session will be accessible
                                                                                                       (H), and (I), and (f)) of the agency
                                              archival retention.                                                                                            via teleconference to 20 participants on
                                                                                                       regulations because of the necessity to
                                              SYSTEM MANAGER(S) ADDRESSES:                             exempt this information and material in               a first come, first serve basis. To join the
                                                Office of the Chief Financial Officer                  order to accomplish the law                           conference, submit inquiries to Ms.
                                              and Director of Administration, Bureau                   enforcement function of the agency, to                Yvette Springer at Yvette.Springer@
                                              of Industry and Security, Department of                  prevent subjects of investigation from                bis.doc.gov no later than October 29,
                                              Commerce, 1401 Constitution Avenue                       frustrating the investigatory process, to             2015.
                                              NW., Washington, DC 20230.                               prevent the disclosure of investigative                  A limited number of seats will be
                                                                                                       techniques, to fulfill commitments made               available during the public session of
                                              NOTIFICATION PROCEDURE:                                  to protect the confidentiality of sources,            the meeting. Reservations are not
                                                Information may be obtained from:                      to maintain access to sources of                      accepted. To the extent that time
                                              Privacy Officer, Office of the Chief                     information, and to avoid endangering                 permits, members of the public may
                                              Financial Officer and Director of                        these sources and law enforcement                     present oral statements to the
                                              Administration, Bureau of Industry and                   personnel. Section 12(c) of the Export                Committee. The public may submit
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                                              Security, Department of Commerce,                        Administration Act of 1979 also protects              written statements at any time before or
                                              1401 Constitution Avenue NW.,                            certain parts of this information and                 after the meeting. However, to facilitate
                                              Washington, DC 20230. Requestor                          material related to or concerning export              distribution of public presentation
                                              should provide name, address and case                    licenses from disclosure, and other                   materials to the Committee members,
                                              or subject, if known, pursuant to the                    certain parts of this information may be              the Committee suggests that the
                                              inquiry provisions of the Department’s                   protected from disclosure by the                      materials be forwarded before the
                                              rules which appear in 15 CFR part 4.                     Chemical Weapons Convention                           meeting to Ms. Springer.


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Document Created: 2018-02-27 08:54:22
Document Modified: 2018-02-27 08:54:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Proposed Amendment to Privacy Act System of Records: ``COMMERCE/ITA-1, Individuals Identified in Export Transactions.''
Dates(a) The security classification, system
ContactChief Financial Officer and Director of Administration, Bureau of Industry and Security, Department of Commerce, 1401 Constitution Avenue NW., Room 6622, Washington, DC 20230.
FR Citation80 FR 63737 

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